Advertising and Marketing Law
The Why’s of Exclusive Art Licensing Arrangements
March 25, 2014In any contract negotiation, if the goal is to reach an agreement, both parties should consider the “why” of their positions. Contracts typically address the who, what, when, and where, but they rarely address the “why” in more than a perfunctory manner with a few broad “whereas” clauses. At the same time, when parties are stuck in their negotiations (either before they enter into a contract or during the contract), if they consider the “why” behind their positions, they are more likely to reach consensus.
Read More...Branding in the Collaborative Economy (White Paper Excerpt)
February 5, 2014This week, marketers and brands are meeting in Kansas City at the Resilient Summit to discuss the significance of the collaborative economy. The term “collaborative economy” describes an economic system where consumers prefer to share, rather than purchase, goods and services. It seeks to empower consumers and free them from the burdens of ownership. As this economy redefines established business models, at Collen IP, we pondered the legal implications for brands’ intellectual property and their advertising and marketing initiatives.
Read More...How Not to Create a Fluid Trademark
October 9, 2013What happens when a well-known trademark owner makes fun of itself? Sometimes, the result is consumer confusion. Burger King has taken the concept of “fluid trademarks” to extremes. In a new campaign, Burger King has focused completely on its french fries, pretending to change its corporate identity to “Fries King.” In so doing, it has confused its followers, proving that fluid trademarks can be risky business.
Read More...5 Top Legal Questions and Answers about Pinterest
October 6, 2013Clients frequently ask questions about copyright issues with Pinterest. In fact, the same questions arise repeatedly. Brands want to know how to avoid copyright violations on Pinterest, and they want to know how they can build a Pinterest marketing strategy into their business plan safely. Realtor Magazine recently interviewed me about how realtors can use Pinterest boards to promote their listings. The legal issues apply across industries. Here are answers to some of the most frequently asked questions about legal issues on Pinterest.
Read More...New Rules Simplify Entry for Facebook Giveaways
September 3, 2013On August 27, 2013, Facebook updated its promotion guidelines to make it easier to run sweepstakes and contests on the platform. In its announcement of the updates, Facebook is reaching out to “businesses of all sizes,” tacitly acknowledging the added expense associated with its previous requirements that sweepstakes and contests run through a third party application.
Read More...Best Legal Practices for Marketing with Vine
July 16, 2013Vine videos have taken social media by storm. Brands are catching on to the trend. A recent survey conducted by Unruly Group Limited shows that companies now use Vine about 4 times more than online videos to market their brand.
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